Malaysians Speak Out – On Warrant of Arrest

This is an interesting case in point that was reported in Malaysia Kini today. I am reproducing a portion of it here. For the entire posting, please follow the link below.

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Pure Sabahan: There was a judgment reported in the Malayan Law Journal in the 1980s.

A high court judge rebuked a magistrate for issuing a warrant of arrest against Karpal Singh for failure to present himself to the police station to have his statement recorded because of his involvement in a public demonstration to save Bukit Cina in Malacca from being bulldozed to the ground.

The high court judge revoked the warrant of arrest and ruled that if Karpal Singh could not go the police station, then the police should go to his office to record his statement.

Only when neither alternative could not be achieved could the police complain to a magistrate, who should then issue a summon to Karpal Singh. Only when a summons is not obeyed, can a warrant of arrest be issued.

It was also implied in the first few paragraphs of the judgment that the then attorney-general did not understand this basic law at all.